13 years for chalk "vandalism"

[Smartmarzipan]

California man faces 13 years in jail for scribbling anti-bank messages in chalk
http://rt.com/usa/california-man-13-prison-banks-237/

Jeff Olson, the 40-year-old man who is being prosecuted for scrawling anti-megabank messages on sidewalks in water-soluble chalk last year now faces a 13-year jail sentence. A judge has barred his attorney from mentioning freedom of speech during trial.

According to the San Diego Reader, which reported on Tuesday that a judge had opted to prevent Olson's attorney from "mentioning the First Amendment, free speech, free expression, public forum, expressive conduct, or political speech during the trial," Olson must now stand trial for on 13 counts of vandalism.

In addition to possibly spending years in jail, Olson will also be held liable for fines of up to $13,000 over the anti-big-bank slogans that were left using washable children's chalk on a sidewalk outside of three San Diego, California branches of Bank of America, the massive conglomerate that received $45 billion in interest-free loans from the US government in 2008-2009 in a bid to keep it solvent after bad bets went south.

The Reader reports that Olson's hearing had gone as poorly as his attorney might have expected, with Judge Howard Shore, who is presiding over the case, granting Deputy City Attorney Paige Hazard's motion to prohibit attorney Tom Tosdal from mentioning the United States' fundamental First Amendment rights.

"The State's Vandalism Statute does not mention First Amendment rights," ruled Judge Shore on Tuesday.

Upon exiting the courtroom Olson seemed to be in disbelief.

"Oh my gosh," he said. "I can't believe this is happening."

Tosdal, who exited the courtroom shortly after his client, seemed equally bewildered.

"I've never heard that before, that a court can prohibit an argument of First Amendment rights," said Tosdal.

Olson continued to protest outside of Bank of America. In February 2012, he came across a box of chalk at a local pharmacy and decided to begin leaving his mark with written statements.

"I thought it was a perfect way to get my message out there. Much better than handing out leaflets or holding a sign," says Olson.

Over the course of the next six months Olson visited the Bank of America branch a few days per week, leaving behind scribbled slogans such as "Stop big banks" and "Stop Bank Blight.com."

According to Olson, who spoke with local broadcaster KGTV, one Bank of America branch claimed it had cost $6,000 to clean up the chalk writing.

Yeah. So...this is happening.

God Bless the most free country in, like, ever! 'Murica.

[surly74]

wow. i don't know what to say.

[Hydra009]

A couple questions:
1) Are chalk drawings on the sidewalk illegal?  Cause if they are, my 10-year-old self is going to the big house for a life sentence.
2) How the hell does it cost $16,000 to clean off water soluble chalk?  Last time I checked, the Earth has this strange phenomenon called rain that tends to clean the stuff up pro bono.
3) How the hell do you get prevented from using arguments for your defense in your own trial?  Isn't defending yourself sort of the whole point of the trial?

WAT.  Just wat.

[Smartmarzipan]

The claim of $6,000 to clean up water soluble chalk almost gave me an aneurysm. Even if they didn't want to wait for rain, it takes all of what? 5 mintues to go outside with a cup of water and just pour it out?

Fuck Bank of America, man.

And yeah, not being able to argue First Amendments Rights is real fuckin' head-scratcher, too.

[Jmpty]

This is the definition of fucked up.

[hillbillyatheist]

bankers get away with helping terrorists launder money.

guy with chalk gets hard time.

yep. thats how we do it in the land of the free!

[Smartmarzipan]

bankers get away with helping terrorists launder money.

guy with chalk gets hard time.

yep. thats how we do it in the land of the free!

Sure, we have a fancy shmancy Constitution and a Declaration and fireworks on the Fourth of July.....but money is power, apparently, just like anywhere else.

Ugh.

[Solitary]

It could have been worse for him, he could have been in Texas and wrote on a Church that God is dead and get the death sentence.  :shock:  :roll:  Solitary

[Poison Tree]

I hope that the prohibition on mentioning free speech will be ground for appeal; too bad the charge being a trumped up pile of crap isn't one.

[Shiranu]

My campus is covered in anti-corporatization messages written in chalk, and AFAIK the campus encourages it because it doesn't do any damage and is a way for people to express their thoughts in a non-violent manner. Doesn't mean the listen to it, but they don't throw hissy fits over it either.

You fuck with the money, you fuck with the law; the money is the law. As I said in another thread, we are becoming more and more like Mexico... you have the money to buy the politicians, you have the money to buy the rules. The only difference is instead of drug cartels and big corporations writing the laws, its bank cartels and big corporations writing the laws. A little less violent, not the least bit less corrupt.

[AllPurposeAtheist]

It'll be appealed all the way to SCOTUS if it goes that far because if money is speech and sidewalk chalk isn't then we might as well all arm and go to war with these fucks.. That can get real ugly real fast..
On second thought.. The source is RT, a Russian propaganda rag and Russians have even fewer rights AND I logged into the Reader and did a search for Jeff Olsen.. results? Zip, zilch, nodda..

[AllPurposeAtheist]

Neve mind.. It's Olson, not Olsen.. It's there.. :oops: <--oops.. well fuck me..

[Elohim]

See this is what the media does though. The range of punishment probably maxes out at one year in the county jail and a 1000 dollar fine and so they just multiplied the max times the number of counts and said that's what he's facing. Has the prosecutor claimed that they are going to max out his sentence which they almost never do? My guess is they offer him a few years of probation and a small fine.

Also free speech is never an issue in vandalism cases. The amount that BOA is claiming sounds way too high, but if I write something all over your house or place of business, the fact that it is protected speech doesn't negate the fact that it is vandalism. I realize that this was chalk and really petty bullshit, but considering that this happened over a 6 month period, BOA probably asked him to cut that shit out several times before they asked for him to be prosecuted.

The judge was right to conclude that the first ammenent issue is irrelevant. The constitution protects speech but not where you can write it.

I know, I'm a stupid fucking wet blanket.

[Hydra009]

Also free speech is never an issue in vandalism cases. The amount that BOA is claiming sounds way too high, but if I write something all over your house or place of business, the fact that it is protected speech doesn't negate the fact that it is vandalism.

Vandalism of a public sidewalk.  A criminal act routinely performed by children.

[Shiranu]

Also free speech is never an issue in vandalism cases. The amount that BOA is claiming sounds way too high, but if I write something all over your house or place of business, the fact that it is protected speech doesn't negate the fact that it is vandalism.

Vandalism of a public sidewalk.  A criminal act routinely performed by children.

We have sidewalks down the road that kids have marked on. I think they deserve some juvee time.